Bramsdon & Childs Solicitors, Property Litigation Team (Fair Oak)
Why it is still crucial to get termination of a tenancy correct
Terminating a residential tenancy (an Assured Shorthold Tenancy, or AST) can feel deceptively simple: serve a notice, wait, recover possession. In reality, a single mis-step—an out-of-date gas-safety record, the wrong form, a rent-ledger mis-calculation—can derail the whole process, leaving a landlord to absorb months of lost income and, at worst, face criminal sanctions for unlawful eviction.
The Renters’ Rights Bill, which will abolish “no-fault” Section 21 notices, has not yet become law. After the Lords’ Third Reading on 21 July, MPs considered the Lords’ amendments on 8 September. The Bill has since returned for further consideration, with “ping-pong” continuing at time of writing. Royal Assent has not been given at the time of writing, and commencement of the Section 21 ban is still widely expected no earlier than spring 2026 (although this is very much subject to change).
Section 8 or Section 21? Choosing the right starting point
English law still offers two routes to end an AST until the new Act commences. Section 8 of the Housing Act 1988 is the only process landlords can use during a fixed term and generally relies on the tenant’s breach (set out in Schedule 2) as the ground for possession. The grounds are divided into mandatory and discretionary categories.
Section 21 remains a “no-fault” mechanism that you may use once the fixed term has expired (or if the tenancy has always been periodic). Procedurally, however, it is laden with prerequisites, so landlords must tread carefully.
Remember: expiry of either notice does not itself permit eviction. A possession order (and, if necessary, a warrant of possession) must still be obtained from the court.
How Section 8 works today
A Section 8 notice must be served on the official Form 3. Any other layout, or a homemade notice, will be invalid. The notice period depends on the ground. Two months’ rent arrears (Ground 8) still attracts a 14-day notice period. Crucially, at the hearing the arrears must remain above two months; a last-minute payment that drops the figure below that threshold destroys the mandatory ground. Once the notice expires, it is necessary to apply to court and obtain a judgment for possession. This is generally obtained within five to eight weeks where no defence is offered.
How Section 21 works today
Form 6A is still the prescribed notice, carrying a minimum two-month notice period. Courts continue to strike out claims where landlords overlook conditions for service of a section 21 notice:
- Deposit protection and Prescribed Information.
- Provision of EPC, Gas Safety, (where applicable) Electrical Safety Report, and the latest How to Rent guide.
- Absence of outstanding disrepair complaints or a current “breathing-space” debt moratorium.
If the tenant remains in occupation after expiry, you can apply for the accelerated possession procedure, often paper-only, provided the paperwork is flawless; otherwise the usual Section 8 style hearing is listed.
Looking ahead: life after Section 21 disappears
The Renters’ Rights Bill has consistently edged closer to the statute book but is not yet law. Its headline reforms remain:
- Repeal of Section 21 and automatic conversion of all ASTs into open-ended periodic tenancies.
- A reworked Section 8 with new or amended grounds—most notably, four-month notice periods (and a 12-month “protected period”) for a sale or landlord occupation, a three-month arrears threshold for Ground 8, and the new repeat arrears Ground 8A.
- Compliance gateways: landlords must appear on the forthcoming Private Rented Sector (PRS) Database, belong to the single Landlord Ombudsman and meet the Decent Homes Standard before any Section 8 notice is valid.
Timing
Royal Assent has not yet been given. Implementation of the changes, however, is now expected no than Spring 2026, giving at least a six-month transition window.
The PRS Database and Ombudsman—new detail
Government briefings in late July suggest that the sign-up process for the Database and Ombudsman may be combined to spare landlords duplicate paperwork, although fee levels remain undecided.
Practical preparation for Landlords
- Check your rent ledgers now. When the arrears threshold rises to three months, even a small shortfall could derail possession.
- Evidence for sale or occupation. Compile estate agent instructions, sworn statements, or other proof well before serving notice; judges will expect it at issue stage once the new Act is in force.
- Register early. Voluntary registration for the PRS Database and Ombudsman is expected to open soon, allowing compliant landlords to avoid last-minute congestion. Keep an eye out for the portal to open.
- Review tenancy agreements. Strip out clauses tied to fixed terms and ensure rent-review provisions respect the Bill’s “one increase per year” rule.
- Allow for more time. Four-month notice periods, plus the initial protected year, could add six months or more to your plans to obtain possession.
The risk of cutting corners
Changing locks or otherwise evicting without a court order remains a criminal offence under the Protection from Eviction Act 1977. The forthcoming reforms do not soften these penalties; landlords who submit false declarations to the new digital claim portal may also face civil fines and temporary letting bans.
How Bramsdon & Childs can help
Our litigation solicitors appear daily in Portsmouth, Southampton and Winchester courts. We:
- Check documentation and compliance before any notice is served.
- Draft Section 8 and Section 21 notices at a fixed fee, ensuring the correct form and dates.
- Handle claims through to bailiff execution and attend evictions on your behalf.
- Future proof your processes so you are ready the day Section 21 finally disappears.
For tailored advice, call 023 82 514300 or email sh@bramsdonandchilds.co.uk to arrange a consultation.
Disclaimer
This article is for general information only and does not constitute legal advice. The law described is current as at 14 October 2025. Always seek advice specific to your circumstances before acting.
Serhan Handani LL.B (Hons), LL.M
Partner
